Preview
Filed
6/15/2023 5:57 PM
Beverley McGrew Walker
District Clerk
Fort Bend County, Texas
Norma Sosa
23-DCV-305073
NO.
STEVEN CORY FORBES § IN THE DISTRICT COURT
Plaintiff, § Fort Bend County - 434th Judicial District Court
V. JUDICIAL DISTRICT
DYLAN SHAW D/B/A FLATLINED
OUTFITTERS and KEVIN ROBERTS
Defendants OF FORT BEND COUNTY, TEXAS
PLAINTIFF'S ORIGINAL PETITION
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES STEVEN CORY FORBES, hereinafter called Plaintiff, complaining of
and about DYLAN SHAW d/b/a FLATLINED OUTFITTERS and KEVIN ROBERTS,
hereinafter called Defendants, and for cause of action shows unto the Court the following:
DISCOVERY CONTROL PLAN LEVEL
I Plaintiff intends that discovery be conducted under Discovery Level 2.
PARTIES AND SERVICE
2. Plaintiff, STEVEN CORY FORBES, is an Individual whose address is 306
Ansten Drive, Youngsville, Louisiana 70592.
4 The last three numbers of STEVEN CORY FORBES’ Louisiana Driver’s license
are J The last three numbers of STEVEN CORY FORBES’ social security number are (i
5 Defendant, KEVIN ROBERTS, may be served with process at his home at the
following address: aS
6. Defendant, DYLAN SHAW d/b/a FLATLINED OUTFITTERS, is an individual
doing business as Flatlined Outfitters and may be served with process by serving him wherever
he may be found.
JURISDICTION AND VENUE
The subject matter in controversy is within the jurisdictional limits of this court.
Plaintiff seeks:
a. monetary relief over $1,000,000.
9 This court has jurisdiction over the parties because Defendants are Texas
residents.
Plaintiff's Original Petition 11Page
10. Venue in Fort Bend County is proper in this cause under Section 15.002(a)(1) of
the Texas Civil Practice and Remedies Code because all or a substantial part of the events or
omissions giving rise to this lawsuit occurred in this county.
FACTS
11. On or about May 4, 2023, Plaintiff was a customer on a paid hog hunting
excursion provided by Defendant, DYLAN SHAW d/b/a FLATLINED OUTFITTERS. As part
of the service, DYLAN SHAW d/b/a FLATLINED OUTFITTERS provide guided hog hunting
and off-road vehicles to transport clients from the various hunting locations.
12. Defendant, KEVIN ROBERTS, was employed by DYLAN SHAW d/b/a
FLATLINED OUTFITTERS to act as a hunting guide. KEVIN ROBERTS was operating a
Polaris Ranger and Plaintiff was an occupant in the Polaris.
13. The hunting group was moving from hunting locations. KEVIN ROBERTS was
driving the Polaris at a high rate of speed, with no lights on, near the 2400 block of Beadle Road,
in Richmond, Texas.
14. Suddenly and without warning, KEVIN ROBERTS veered off the paved road into a
deep drainage ditch causing the Polaris to roll to its side. Plaintiff was thrown from the vehicle
and the vehicle rolled on top of his lower extremities breaking and shattering several of his
bones.
15. Plaintiff was pinned under the vehicle suffering excruciating pain and mental
anguish. Others in the group had to hold Plaintiff's head above water in the drainage ditch to
prevent drowning. Through collective efforts of other hunters and employees, they managed to
lift the vehicle just enough to forcefully pull Plaintiff from underneath the Polaris.
16. Plaintiff lay in the ditch for at least twenty (20) minutes before first responders
arrived to administer treatment to his catastrophic injuries.
17. At the time of the accident KEVIN ROBERTS was working within the course and
scope of his employment with DYLAN SHAW d/b/a FLATLINED OUTFITTERS.
STEVEN CORY FORBES' CLAIM FOR NEGLIGENCE AGAINST KEVIN ROBERTS
18. Defendant, KEVIN ROBERTS, had a duty to exercise the degree of care that a
reasonably careful hunting guide would use to avoid harm to others under similar circumstances.
19. On the occasion in question, KEVIN ROBERTS was guilty of various acts,
wrongs, and/or omissions; KEVIN ROBERTS was guilty of various acts, wrongs, and/or
Plaintiff's Original Petition 2|Page
omissions, which proximately caused the injuries and damages sustained by Plaintiff.
Specifically, KEVIN ROBERTS was guilty of the following acts and/or omissions, all of which
constitute, negligence on his part:
Falling to operate a recreational vehicle in a safe and prudent manner;
Failing to control the speed of the recreational vehicle;
Failing to keep a proper lookout;
Failing to turn on head lamps/beams at nighttime;
Failing to maintain the vehicle on the roadway; and,
Driving after consuming alcohol.
PLAINTIFF'S CLAIM OF
RESPONDEAT SUPERIOR AGAINST
20. At the time of the occurrence of the act in question and immediately prior
thereto, Defendant, KEVIN ROBERTS, was within the course and scope of employment
for Defendant, DYLAN SHAW d/b/a FLATLINED OUFITTERS.
21. At the time of the occurrence of the act in question and immediately prior
thereto, KEVIN ROBERTS was engaged in the furtherance of DYLAN SHAW d/b/a
FLATLINED OUTFITTER 's business.
22. At the time of the occurrence of the act in question and immediately prior
thereto, KEVIN ROBERTS was engaged in accomplishing a task for which KEVIN ROBERTS
was employed.
23. Plaintiff invokes the doctrine of Respondeat Superior as against DYLAN SHAW
d/b/a FLATLINED OUTFITTERS.
PLAINTIFF'S CLAIM OF NEGLIGENT HIRING, TRAINING, ENTRUSTMENT,
SUPERVISION AND RENTENTION AGAINST DYLAN SHAW /b/a FLATLINED
OUTFITTERS
24. The accident and the injuries, losses and damages suffered by Plaintiff, occurred
because Defendant, KEVIN ROBERTS, was assigned by Defendant, DYLAN SHAW d/b/a
FLATLINED OUTFITTERS, to act as a hunting guide.
Plaintiff's Original Petition 31Page
25. KEVIN ROBERTS drove the Polaris Ranger in an unreasonable, dangerous and
unsafe manner. Due to DYLAN SHAW d/b/a FLATLINED OUTFITTERS’s decision to allow
an obviously unqualified, inadequately trained and supervised guide to operate as a hunting
guide and driver of the recreational vehicle used on the hunt, DYLAN SHAW d/b/a
FLATLINED OUTFITTERS was negligent in the following additional specific respects, among
others:
I DYLAN SHAW d/b/a FLATLINED OUTFITTERS was negligent in
hiring and assigning KEVIN ROBERTS to act as a hunting guide:
2 DYLAN SHAW d/b/a FLATLINED OUTFITTERS was negligent in
allowing KEVIN ROBERTS to consume alcohol while acting as a hunting guide;
3 DYLAN SHAW d/b/a FLATLINED OUTFITTERS was negligent in
failing to properly train KEVIN ROBERTS;
4 DYLAN SHAW d/b/a FLATLINED OUTFITTERS was negligent in
failing to supervise KEVIN ROBERTS; and,
5 DYLAN SHAW d/b/a FLATLINED OUTFITTERS was negligent in its
failure to exercise ordinary care to determine their employee KEVIN ROBERT’S
fitness for the task of serving as a hunting guide.
EXEMPLARY DAMAGES
26. Defendants’ acts or omissions described above, when viewed from the standpoint
of Defendant at the time of the act or omission, involved an extreme degree of risk, considering
the probability and magnitude of the potential harm to Plaintiff. Defendants had actual,
subjective awareness of the risk involved in the above-described acts or omissions, but
nevertheless proceeded with conscious indifference to the rights, safety, or welfare of
Plaintiff and others.
Dif Based on the facts stated herein, Plaintiff request exemplary damages be awarded
to Plaintiff from Defendants.
Plaintiff's Original Petition 4|1Page
DAMAGES
28. As a direct and proximate result of the occurrence made the basis of this lawsuit,
Plaintiff, STEVEN CORY FORBES, was caused to suffer grievous injuries, including multiple
fractures, and to incur the following damages:
A Reasonable medical care and expenses in the past. These expenses were
incurred for the necessary care and treatment of the injuries resulting from
the accident complained of herein and such charges are reasonable and
were usual and customary charges for such services in Fort Bend County,
Texas;
Reasonable and necessary medical care and expenses which will in all
reasonable probability be incurred in the future;
Physical pain and suffering in the past;
Physical pain and suffering in the future;
Physical impairment in the past;
Physical impairment which, in all reasonable probability, will be suffered
in the future;
Loss of earnings in the past;
Loss of earning capacity which will, in all probability, be incurred in the
future;
Loss of Consortium in the past, including damages to the family
relationship, loss of care, comfort, solace, companionship, protection,
services, and/or physical relations;
Loss of Consortium in the future including damages to the family
relationship, loss of care, comfort, solace, companionship, protection,
services, and/or physical relations;
Loss of Household Services in the past;
Loss of Household Services in the future;
Disfigurement in the past;
Disfigurement in the future;
Plaintiff's Original Petition 51Page
O. Mental anguish in the past;
P. Mental anguish in the future; and,
Q Cost of medical monitoring and prevention in the future.
PRAYER
WHEREFORE, PREMISES CONSIDERED, Plaintiff, STEVEN CORY FORBES,
respectfully prays that the Defendants be cited to appear and answer herein, and that upon a final
hearing of the cause, judgment be entered for the Plaintiff against Defendants, jointly and
severally, for damages in an amount within the jurisdictional limits of the Court; together with
pre-judgment interest (from the date of injury through the date of judgment) at the maximum rate
allowed by law; post-judgment interest at the legal rate, costs of court; and such other and further
reliefto which the Plaintiff
may be entitled at law or in equity.
Respectfully Submitted,
THE VENDT LAW FIRM, PLLC
1104 Thompson Road
Richmond, Texas 77469
Telephone: (832) 276-9474
Facsimile: (281) 239-2115
By: /s/ Frank. £ Nend, : Ie.
Frank J. Vendt, Jr.
State Bar No. 24084016
Scott M. Broussard (Of Counsel)
State Bar No. 00793199
Samuel W. Holloway
State Bar No. 24105202
Rule 21a Service Only:
Service@TheVendtLawFirm.com
Attorneys for Plaintiff
Steven Cory Forbes
PLAINTIFF HEREBY DEMANDS TRIAL BY JURY
Plaintiff's Original Petition 61 Page
Preview
Filed 6/15/2023 5:57 PM Beverley McGrew Walker District Clerk Fort Bend County, Texas Norma Sosa 23-DCV-305073 NO. STEVEN CORY FORBES § IN THE DISTRICT COURT Plaintiff, § Fort Bend County - 434th Judicial District Court V. JUDICIAL DISTRICT DYLAN SHAW D/B/A FLATLINED OUTFITTERS and KEVIN ROBERTS Defendants OF FORT BEND COUNTY, TEXAS PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: NOW COMES STEVEN CORY FORBES, hereinafter called Plaintiff, complaining of and about DYLAN SHAW d/b/a FLATLINED OUTFITTERS and KEVIN ROBERTS, hereinafter called Defendants, and for cause of action shows unto the Court the following: DISCOVERY CONTROL PLAN LEVEL I Plaintiff intends that discovery be conducted under Discovery Level 2. PARTIES AND SERVICE 2. Plaintiff, STEVEN CORY FORBES, is an Individual whose address is 306 Ansten Drive, Youngsville, Louisiana 70592. 4 The last three numbers of STEVEN CORY FORBES’ Louisiana Driver’s license are J The last three numbers of STEVEN CORY FORBES’ social security number are (i 5 Defendant, KEVIN ROBERTS, may be served with process at his home at the following address: aS 6. Defendant, DYLAN SHAW d/b/a FLATLINED OUTFITTERS, is an individual doing business as Flatlined Outfitters and may be served with process by serving him wherever he may be found. JURISDICTION AND VENUE The subject matter in controversy is within the jurisdictional limits of this court. Plaintiff seeks: a. monetary relief over $1,000,000. 9 This court has jurisdiction over the parties because Defendants are Texas residents. Plaintiff's Original Petition 11Page 10. Venue in Fort Bend County is proper in this cause under Section 15.002(a)(1) of the Texas Civil Practice and Remedies Code because all or a substantial part of the events or omissions giving rise to this lawsuit occurred in this county. FACTS 11. On or about May 4, 2023, Plaintiff was a customer on a paid hog hunting excursion provided by Defendant, DYLAN SHAW d/b/a FLATLINED OUTFITTERS. As part of the service, DYLAN SHAW d/b/a FLATLINED OUTFITTERS provide guided hog hunting and off-road vehicles to transport clients from the various hunting locations. 12. Defendant, KEVIN ROBERTS, was employed by DYLAN SHAW d/b/a FLATLINED OUTFITTERS to act as a hunting guide. KEVIN ROBERTS was operating a Polaris Ranger and Plaintiff was an occupant in the Polaris. 13. The hunting group was moving from hunting locations. KEVIN ROBERTS was driving the Polaris at a high rate of speed, with no lights on, near the 2400 block of Beadle Road, in Richmond, Texas. 14. Suddenly and without warning, KEVIN ROBERTS veered off the paved road into a deep drainage ditch causing the Polaris to roll to its side. Plaintiff was thrown from the vehicle and the vehicle rolled on top of his lower extremities breaking and shattering several of his bones. 15. Plaintiff was pinned under the vehicle suffering excruciating pain and mental anguish. Others in the group had to hold Plaintiff's head above water in the drainage ditch to prevent drowning. Through collective efforts of other hunters and employees, they managed to lift the vehicle just enough to forcefully pull Plaintiff from underneath the Polaris. 16. Plaintiff lay in the ditch for at least twenty (20) minutes before first responders arrived to administer treatment to his catastrophic injuries. 17. At the time of the accident KEVIN ROBERTS was working within the course and scope of his employment with DYLAN SHAW d/b/a FLATLINED OUTFITTERS. STEVEN CORY FORBES' CLAIM FOR NEGLIGENCE AGAINST KEVIN ROBERTS 18. Defendant, KEVIN ROBERTS, had a duty to exercise the degree of care that a reasonably careful hunting guide would use to avoid harm to others under similar circumstances. 19. On the occasion in question, KEVIN ROBERTS was guilty of various acts, wrongs, and/or omissions; KEVIN ROBERTS was guilty of various acts, wrongs, and/or Plaintiff's Original Petition 2|Page omissions, which proximately caused the injuries and damages sustained by Plaintiff. Specifically, KEVIN ROBERTS was guilty of the following acts and/or omissions, all of which constitute, negligence on his part: Falling to operate a recreational vehicle in a safe and prudent manner; Failing to control the speed of the recreational vehicle; Failing to keep a proper lookout; Failing to turn on head lamps/beams at nighttime; Failing to maintain the vehicle on the roadway; and, Driving after consuming alcohol. PLAINTIFF'S CLAIM OF RESPONDEAT SUPERIOR AGAINST 20. At the time of the occurrence of the act in question and immediately prior thereto, Defendant, KEVIN ROBERTS, was within the course and scope of employment for Defendant, DYLAN SHAW d/b/a FLATLINED OUFITTERS. 21. At the time of the occurrence of the act in question and immediately prior thereto, KEVIN ROBERTS was engaged in the furtherance of DYLAN SHAW d/b/a FLATLINED OUTFITTER 's business. 22. At the time of the occurrence of the act in question and immediately prior thereto, KEVIN ROBERTS was engaged in accomplishing a task for which KEVIN ROBERTS was employed. 23. Plaintiff invokes the doctrine of Respondeat Superior as against DYLAN SHAW d/b/a FLATLINED OUTFITTERS. PLAINTIFF'S CLAIM OF NEGLIGENT HIRING, TRAINING, ENTRUSTMENT, SUPERVISION AND RENTENTION AGAINST DYLAN SHAW /b/a FLATLINED OUTFITTERS 24. The accident and the injuries, losses and damages suffered by Plaintiff, occurred because Defendant, KEVIN ROBERTS, was assigned by Defendant, DYLAN SHAW d/b/a FLATLINED OUTFITTERS, to act as a hunting guide. Plaintiff's Original Petition 31Page 25. KEVIN ROBERTS drove the Polaris Ranger in an unreasonable, dangerous and unsafe manner. Due to DYLAN SHAW d/b/a FLATLINED OUTFITTERS’s decision to allow an obviously unqualified, inadequately trained and supervised guide to operate as a hunting guide and driver of the recreational vehicle used on the hunt, DYLAN SHAW d/b/a FLATLINED OUTFITTERS was negligent in the following additional specific respects, among others: I DYLAN SHAW d/b/a FLATLINED OUTFITTERS was negligent in hiring and assigning KEVIN ROBERTS to act as a hunting guide: 2 DYLAN SHAW d/b/a FLATLINED OUTFITTERS was negligent in allowing KEVIN ROBERTS to consume alcohol while acting as a hunting guide; 3 DYLAN SHAW d/b/a FLATLINED OUTFITTERS was negligent in failing to properly train KEVIN ROBERTS; 4 DYLAN SHAW d/b/a FLATLINED OUTFITTERS was negligent in failing to supervise KEVIN ROBERTS; and, 5 DYLAN SHAW d/b/a FLATLINED OUTFITTERS was negligent in its failure to exercise ordinary care to determine their employee KEVIN ROBERT’S fitness for the task of serving as a hunting guide. EXEMPLARY DAMAGES 26. Defendants’ acts or omissions described above, when viewed from the standpoint of Defendant at the time of the act or omission, involved an extreme degree of risk, considering the probability and magnitude of the potential harm to Plaintiff. Defendants had actual, subjective awareness of the risk involved in the above-described acts or omissions, but nevertheless proceeded with conscious indifference to the rights, safety, or welfare of Plaintiff and others. Dif Based on the facts stated herein, Plaintiff request exemplary damages be awarded to Plaintiff from Defendants. Plaintiff's Original Petition 4|1Page DAMAGES 28. As a direct and proximate result of the occurrence made the basis of this lawsuit, Plaintiff, STEVEN CORY FORBES, was caused to suffer grievous injuries, including multiple fractures, and to incur the following damages: A Reasonable medical care and expenses in the past. These expenses were incurred for the necessary care and treatment of the injuries resulting from the accident complained of herein and such charges are reasonable and were usual and customary charges for such services in Fort Bend County, Texas; Reasonable and necessary medical care and expenses which will in all reasonable probability be incurred in the future; Physical pain and suffering in the past; Physical pain and suffering in the future; Physical impairment in the past; Physical impairment which, in all reasonable probability, will be suffered in the future; Loss of earnings in the past; Loss of earning capacity which will, in all probability, be incurred in the future; Loss of Consortium in the past, including damages to the family relationship, loss of care, comfort, solace, companionship, protection, services, and/or physical relations; Loss of Consortium in the future including damages to the family relationship, loss of care, comfort, solace, companionship, protection, services, and/or physical relations; Loss of Household Services in the past; Loss of Household Services in the future; Disfigurement in the past; Disfigurement in the future; Plaintiff's Original Petition 51Page O. Mental anguish in the past; P. Mental anguish in the future; and, Q Cost of medical monitoring and prevention in the future. PRAYER WHEREFORE, PREMISES CONSIDERED, Plaintiff, STEVEN CORY FORBES, respectfully prays that the Defendants be cited to appear and answer herein, and that upon a final hearing of the cause, judgment be entered for the Plaintiff against Defendants, jointly and severally, for damages in an amount within the jurisdictional limits of the Court; together with pre-judgment interest (from the date of injury through the date of judgment) at the maximum rate allowed by law; post-judgment interest at the legal rate, costs of court; and such other and further reliefto which the Plaintiff may be entitled at law or in equity. Respectfully Submitted, THE VENDT LAW FIRM, PLLC 1104 Thompson Road Richmond, Texas 77469 Telephone: (832) 276-9474 Facsimile: (281) 239-2115 By: /s/ Frank. £ Nend, : Ie. Frank J. Vendt, Jr. State Bar No. 24084016 Scott M. Broussard (Of Counsel) State Bar No. 00793199 Samuel W. Holloway State Bar No. 24105202 Rule 21a Service Only: Service@TheVendtLawFirm.com Attorneys for Plaintiff Steven Cory Forbes PLAINTIFF HEREBY DEMANDS TRIAL BY JURY Plaintiff's Original Petition 61 Page